South Carolina 2025-2026 Regular Session

South Carolina House Bill H4071

Introduced
2/20/25  

Caption

Heirs' property

Impact

The enactment of H4071 is expected to ease the burden on families dealing with heirs' property, which is often fraught with complications regarding ownership and tax assessments. By removing these transfers from the assessable category, families can more easily manage and clear titles to properties that may have been passed down through generations without clear legal ownership. This amendment is anticipated to positively impact the management of inheritance matters in South Carolina and promote familial stability in property ownership.

Summary

House Bill 4071 focuses on amending the South Carolina Code of Laws to clarify property tax assessments in situations involving heirs' property. Specifically, the bill seeks to amend Section 12-37-3150 to exclude certain transfers of property interests among related descendants from being labeled as assessable transfers. This change is designed to simplify the process of clearing the title of heirs' properties by allowing descendants, who already share a legal claim to the property, to transfer interests without triggering tax implications due to assessable transfers.

Contention

One of the notable points surrounding H4071 is the potential for debate regarding its implications for tax revenue. Critics might argue that excluding these transfers from assessments could lead to a reduction in property tax income for local governments, especially in areas where heirs' property is common. Conversely, supporters will likely emphasize the social and familial benefits of enabling descendants to manage inherited properties more effectively without the tax burdens associated with traditional transfers. The overall dialogue will thus revolve around balancing tax revenue needs with the legal rights of families managing their inherited properties.

Companion Bills

SC H4477

Similar To Heirs' property

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